Refugees from U.S. are Breaking the Law

A lot has changed since the Komagata Maru incident of 1914, but the latest refugee arrivals may cause Canadians to lose their trust in the integrity of their immigration system, suggest columnist Surjit FloraCredit: Creative Commons/Vancouver Public Library

Commentary by Surjit Singh Flora in Brampton

For many Sikhs in Canada today, the Komagata Maru incident still looms large in our consciousness.

For anyone not familiar with this event in our nation’s history, in May 1914 the Komagata Maru sailed from Hong Kong bound for Vancouver, carrying 376 passengers. Most of the passengers were from the Punjab, India. All were British subjects.

At that time, Canada had a regulation referred to as “continuous passage” which stated that immigrants must "come from the country of their birth, or citizenship, by a continuous journey and on through tickets purchased before leaving the country of their birth, or citizenship."

The regulation had been brought into force in 1908 to curb Indian immigration to Canada. The passengers on the ship intended to challenge this regulation. On their arrival, the ship was denied docking privileges, and eventually the ship was escorted out of the harbour by the Canadian military in July 1914 and forced to sail back to India, where 19 of the passengers were killed by gunfire upon disembarking and many others imprisoned.

The Komagata Maru story is an example of what was then the ultimate expression of colonial bigotry, exposing Canada’s deliberate process in controlling immigration by excluding those people the government of the day deemed unfit to enter. These justifications were couched in racist and ethnocentric views of "progress", "civilization", and "suitability" which all were used to support the view that Canada should remain a "White Man's Country".

Greener pastures

In terms of immigration policy, the Canada of today is the complete opposite of still colonial pre-World War I Canada.

Today, Prime Minister Justin Trudeau has declared that our borders are open to anyone. But this “openness” is now being tested. Refugee claimants reacting to U.S. President Donald Trump’s tougher stand on immigration have begun to head north to what they may see as greener, more accepting pastures. They are now daily crossings at the border, flouting the Canada – U.S. “Safe Third Country Agreement”, under which refugee claimants are required to request refugee protection in the first "safe" country they arrive in.

In landing in the U.S., but crossing our border as refugees, they are in fact breaking the law and this has become a difficult situation for Prime Minister Trudeau, while simultaneously making many Canadians very uneasy.

Many of us applauded our new government’s efforts to bring Syrian refugees to Canada. I believe a big part of the general acceptance of this policy was rooted in public perception that the process was well organized, refugee claimants were thoroughly screened and upon arrival the housing, schooling and other necessary supports were well in place. The latest development is the opposite of organized, with claimants crossing Canada’s porous and largely uncontrolled border with no pre-screening and no homes and sponsors waiting to receive them.

Asylum shopping

Canadians are now watching to see how our government will react to this new refugee situation. If Canada does not exert its sovereignty, honour the Safe Third Country Agreement, and deter these opportunistic attempts at what can only be seen as “shopping for a yes” by claimants, this trickle will become a wave.

Canada is ill prepared for uncontrolled refugee claimants streaming into this country, and I believe the majority of Canadians expect our government to act in Canada’s best interest. This means not merely reacting to claimants crossing our borders, but to act by deterring it. We are a country that values fair process and the rule of law.

Today, Canada has a compassionate, principled approach to both immigration and refugees. Our government’s inability to control this developing situation may ultimately do harm to our current refugee system, ultimately causing Canadians to have a lack of faith in the system, and ultimately in the government that is charged with managing it.

Prime Minister Trudeau will need to step outside of his comfort zone and put in place firm measures to respond to this looming crisis. At times like these, his usual “sunny ways” approach will have to give way to more firm leadership.

The Prime Minister is being tested here, and his next move may finally provide Canadians with a true indication of just how fit to lead Justin Trudeau really is.

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